RESOLUTION OF THE PLENUM OF THE SUPREME ADMINISTRATIVE COURT OF UKRAINE

of December 19, 2011 No. 8

About court practice of the decision by administrative courts of the disputes arising in connection with application of article 6 of the Law of Ukraine "About social protection of children of war"

For ensuring the correct and identical application by administrative courts of article 6 of the Law of Ukraine of November 18, 2004 "About social protection of children of war" (further - the Law on social protection of children of war the Law of November 18, 2004 No. 2195-IV) concerning increase to pension or monthly perpetual monetary pay or the government public assistance which is paid instead of pension the Plenum of the Supreme administrative court of Ukraine Decides No. 2195-IV:

1. Courts need to consider that article 6 of the Law on social protection of children of war (taking into account the Solution of the Constitutional Court of Ukraine of May 22, 2008 No. 10rp/2008) establishes increase for 30 percent of minimum pension on age to pension or monthly perpetual monetary pay or the government public assistance which is paid instead of pension (further - increase to pension), for children of war.

2. According to instructions of article 1 of the Law of November 18, 2004 No. 2195-IV the child of war is person who is citizen of Ukraine and who for the period of the end (on September 2, 1945) of World War II was less than 18 years old. That is citizens of Ukraine who were born in the period from September 3, 1927 to September 2, 1945 belong to category of children of war.

For confirmation of the status of the child of war at the claimant courts need to establish birth date and belonging to citizenship of Ukraine.

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